File the briefing extension request as soon as possible
The earlier you submit the request, the better.
Fill out a G-27
Make sure you fill out and include a G-27 with your brief extension request. A G-27 is the Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Failure to include this form may result in the rejection of your request.
Include a cover page
Make sure to include a cover page. The cover page should, at a minimum, include your name and firm information, the respondent's name and "A" number, the name of the court you are sending the request to (here, it would be the BOARD OF IMMIGRATION APPEALS) and whether or not the client is detained. Additionally, you should write at the bottom center the following: BRIEFING EXTENSION REQUEST
Explain why you seek an extension
Make sure you include the following in the body of your request:
1. The original deadline
2. A reason which prevented counsel from meeting the original deadline.
3. A copy of the briefing notice attached.
4. Language indicating counsel exercised due diligence and will meet the revised deadline if the court grants the briefing extension.
Include your Proof of Service
You must alert DHS of your request so make sure you include a proof of service.
Include any brief you may have
Importantly, the filing of an extension request does not automatically extend the filing deadline. Thus,if the BIA denies the extension, the original filing deadline remains valid and will be enforced. Of course, this means the BIA will likely reject as untimely any brief you may attempt to file at a future date. So, I recommend counsel file a brief in case the request for an extension is not granted.
File extension request by the original deadline
Again, the briefing deadline is excused if and only if the BIA grants the briefing extension request. Therefore, it is imperative to file the briefing extension request long before the original deadline.
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